Page:United States Statutes at Large Volume 90 Part 2.djvu/1545

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PUBLIC LAW 94-000—MMMM. DD, 1976

PRIVATE LAW 94-140—OCT. 17, 1976

90 STAT. 3013

Private Law 94-140 94th Congress An Act To eliminate a restriction on use of certain lands conveyed to the city of Yakutat, Alaska.

Oct. 17, 197(3 [S. 2798]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- Yakutat, Alaska, ing the provisions of the Act of August 23, 1950 (64 Stat. 470), requiring that lands patented thereunder be used only for school or other public purposes, the Secretary of the Interior (hereinafter the "Secretary") is hereby authorized and directed to issue a new patent to the city of Yakutat, Alaska, for the following described lands without such a use restriction, but containing all other reservations to the United States required by that Act, upon relinquishment of the existing patent, provided that the requirements of sections 2 and 3 of this Act have been met: Beginning at corner numbered 4 of school reserve, identical with meander corner numbered 4, tract A, of United States Survey numbered 1897, from which United States location monument numbered 179 bears south 54 degrees 6 minutes east, 37.04 chains distant; thence south 52 degrees 54 minutes east, 243.17 feet to meander comer numbered 1 of school reserve; thence north 33 degrees 41 minutes east, 177 feet to comer numbered 2 of school reserve; thence north 43 degrees 15 minutes west 184.65 feet to corner numbered 3 of school reserve; thence south 50 degrees 47 minutes west 213.75 feet to corner numbered 4, the place of beginning, containing 41,169 square feet, according to the official plat of the survey of the said land, approved March 1, 1937, on file in the Bureau of Land Management. SEC. 2. No conveyance may be made under this Act and no new patent issued unless the city of Yakutat has shown to the satisfaction of the Secretary that— (1) the lands described in section 1 will be sold at not less than fair market value; (2) other lands of at least comparable value to the lands described in section 1 and more appropriate for school or other purposes than the described lands will be acquired and used for school or other public purposes in perpetuity; and (3) that any amount by which proceeds of any sale of the described lands exceed the fair market value of the property acquired under clause (2) of this section shall be paid to the United States. SEC. 3. If the requirements of section 2 are satisfied, the Secretary is authorized and directed to enter an agreement or agreements with the city of Yakutat, Alaska, whereby in consideration of issuance of a new patent pursuant to section 1, the city of Yakutat agrees that— (1) title to any property acquired pursuant to section 2(2) will vest in the United States if such property ever ceases to be used for school or other public purposes; and (2) that the city of Yakutat will execute, within ninety days after acquiring such property pursuant to section 2(2), a deed to this effect and deliver said deed to the Secretary. Approved October 17, 1976.